Exclusive Seller Brokerage Engagement Agreement Template for Indonesia

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Key Requirements PROMPT example:

Exclusive Seller Brokerage Engagement Agreement

"I need an Exclusive Seller Brokerage Engagement Agreement under Indonesian law for my luxury villa in Bali, with provisions for international marketing and virtual tours, starting from March 2025, including specific clauses for protection period and digital marketing rights."

Document background
The Exclusive Seller Brokerage Engagement Agreement is a crucial document in Indonesian real estate transactions, used when a property owner wishes to grant exclusive rights to a specific broker for selling their property. This document is essential for establishing a formal, legally-binding relationship between the parties and is structured in accordance with Indonesian civil law, particularly the Civil Code (Kitab Undang-undang Hukum Perdata) and relevant real estate regulations. It typically includes detailed provisions about the scope of services, commission structures, marketing requirements, and the obligations of both parties. The agreement provides protection for both the broker's interests in securing their commission and the seller's interests in ensuring professional service delivery. It's particularly important in the Indonesian market where exclusive agency relationships need careful documentation to ensure enforceability and compliance with local regulations regarding real estate transactions and agency relationships.
Suggested Sections

1. Parties: Identifies and provides full details of the property owner ("Seller") and the real estate broker ("Broker"), including registration numbers and addresses

2. Background: Establishes the context of the agreement, including the Seller's ownership of the property and desire to engage the Broker's services

3. Definitions: Defines key terms used throughout the agreement including Property, Exclusive Period, Listing Price, Commission, etc.

4. Appointment and Scope: Establishes the exclusive appointment of the Broker and detailed scope of services to be provided

5. Term and Exclusivity: Specifies the duration of the agreement and the nature of the exclusive relationship

6. Broker's Rights and Obligations: Details the Broker's responsibilities, including marketing efforts, showing the property, and reporting requirements

7. Seller's Rights and Obligations: Outlines the Seller's responsibilities, including providing accurate information and property access

8. Commission Structure: Details the commission rate, calculation method, and payment terms

9. Property Listing Price: Specifies the agreed listing price and any price adjustment mechanisms

10. Marketing Authorization: Grants specific permissions for marketing activities and use of property information

11. Representations and Warranties: Contains statements of fact and guarantees from both parties

12. Termination: Specifies conditions and procedures for ending the agreement

13. Governing Law and Dispute Resolution: Establishes Indonesian law as governing law and outlines dispute resolution procedures

14. General Provisions: Includes standard clauses such as notices, amendments, and severability

Optional Sections

1. Protection Period: Defines a period after termination during which the Broker remains entitled to commission for specific prospects - include when requested by Broker

2. Sub-Agents Authorization: Permits and regulates the Broker's use of sub-agents - include for larger properties or when Broker operates through a network

3. International Marketing: Special provisions for international marketing efforts - include when targeting foreign buyers

4. Virtual Tours and Digital Marketing: Specific provisions for digital marketing and virtual showings - include for high-end properties or during pandemic conditions

5. Property Management: Additional services related to property management during the listing period - include for vacant properties

6. Multiple Properties: Special provisions for handling multiple properties under one agreement - include when Seller has multiple properties

7. Confidentiality: Detailed confidentiality provisions - include for high-profile sellers or sensitive properties

Suggested Schedules

1. Schedule A - Property Details: Detailed description of the property, including legal description, certificates, and current condition

2. Schedule B - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms

3. Schedule C - Marketing Plan: Comprehensive marketing strategy and activities to be undertaken by the Broker

4. Schedule D - Property Documentation: List of all property-related documents provided by the Seller

5. Schedule E - Authorized Property Price List: Initial listing price and any agreed adjustments over time

6. Appendix 1 - Required Property Disclosures: Mandatory disclosures about property condition and known issues

7. Appendix 2 - Broker's License and Credentials: Copies of the Broker's licenses, certifications, and professional credentials

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Industrial Property

Retail Property

Hospitality

Legal Services

Property Management

Construction

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Contract Administration

Property Management

Asset Management

Transaction Services

Client Relations

Relevant Roles

Real Estate Broker

Property Owner

Real Estate Agent

Legal Counsel

Property Manager

Business Development Manager

Sales Director

Compliance Officer

Contract Administrator

Real Estate Partner

Property Developer

Asset Manager

Transaction Manager

Senior Real Estate Associate

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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